Downey, Vincent

Lien claimant David Silver, M.D., through representative Dan Escamilla, filed six petitions for costs and sanctions against defendants between 2015 and 2018, alleging various bad faith acts including failure to serve a C&R, failure to appear at a noticed lien conference, an improper Notice in Lieu of Subpoena, delayed service of medical records, and failure to disclose Escamilla's illness to the WCJ. The WCJ denied the petitions on the merits and, sua sponte, sanctioned lien claimant $5,000 ($2,500 for failure to meet and confer and $2,500 for a material misrepresentation). On reconsideration, the WCAB rescinded the sanctions against lien claimant because no notice of intention (NIT) was issued, violating due process, and because the 'failure to meet and confer' sanction lacked any legal basis since the WCAB is not bound by the Code of Civil Procedure. The Board affirmed the denial of all six of lien claimant's petitions, finding lien claimant failed to meet his burden of proof on each, and declined to issue further sanctions at that time.